|11.—(1) Where it appears to the board that any witness or other person, being a witness or other person subject to military law, may be affected by the findings of the board, it shall take such steps as are in its view reasonable and necessary to secure that such witness or other person has notice of the proceedings, and, if he so desires, has an opportunity of being present, and represented at the sittings of the board, or at such part thereof as the chairman may specify.|
|(2) For the purposes of these Regulations, an affected person is a person who is subject to military law and who, as a result of the findings of the board, might be subjected to disciplinary action or suffer a deduction from pay or be liable to be censured.|
|(3) (a) The chairman shall explain to an affected person (who is a witness at the inquiry) who does not apply to be present or represented, his rights either before the board begins to hear evidence or as soon as it becomes apparent that he is an affected person.|
(b)When an affected person is not available, the chairman shall inquire into what steps were taken to ensure that the person was notified of both the date of the sitting of the board and the nature of the matters to be investigated by the board.
(c)If the chairman is not satisfied that reasonable steps were taken to enable the person to be present and represented, he shall adjourn and report his opinion to the convening body.
(d)Where a person who may be affected states that he does not wish to be present or to be represented, as the case may be, the chairman shall make note of that fact in the record of proceedings.
|(4) The chairman shall consider the interests of security and may direct that a person who may be affected shall only be present at specified times, or that at certain times during the proceedings that person’s representative shall not be present.|
|(5) Any witness or other person as is referred to in paragraph (1) may give evidence, question witnesses or produce any witness to give evidence on matters which may affect him and, if he is represented, his representative may question witnesses, but a representative shall not address the board except with the permission of the chairman.|
|(6) Where an affected person has not been given notice of any sitting of a board, and an opportunity of being present and represented thereat or any part thereof under paragraph (1), the board shall —|
|(a)||enable such person or his representative to read the written record of the evidence or a part thereof given by such witness as the chairman of the board may specify; and|
|(b)||inform such person that he may give any evidence to the board, examine any witness who has given evidence before the board, or produce such other witness as the board may allow to give evidence before the board on any matter inquired into by it which may affect such person.|
|(7) Where a board has, pursuant to paragraph (6), enabled an affected person or his representative to read the written record of the evidence or a part thereof given by a witness before the board, the board shall, if the affected person so desires, allow him —|
|(a)||to give evidence to the board on any matter inquired into by it which may affect that person; and|
|(b)||to examine any witness who has given evidence before the board and to produce such other witness, as the board may allow to give evidence before it on such matter.|
|(8) Where an affected person, referred to in paragraph (7) is represented, his representative may question witnesses before the board; but the representative shall not address the board except with the permission of the chairman.|